NHCaseLaw.com

Topics: De Novo Review, Interlocutory Appeal, Plain Language, Planning Board, Use Variance, Zoning

BRODERICK, C.J. This case comes before us on an interlocutory appeal without ruling, see Sup. Ct. R. 9, from the Superior Court (Groff, J.). It poses two questions:
(1) Does RSA 231:28 require a petitioner requesting permission from the Selectmen to upgrade and reclassify an existing Class VI road to Class V standards to show occasion exists for the layout?
(2) If the Court finds that the occasion analysis applies to the upgrade and reclassification under RSA 231:28, may the Selectmen consider as part of the occasion analysis the anticipated impact associated with the development that may result from the upgrade of the Class VI road to Class V status?
We answer the first question in the affirmative, the second in the negative, and remand.